Obstructing an Officer in Rhode Island

Rhode Island law criminalizes obstructing an officer in the execution of duty. This is a misdemeanor offense, meaning the maximum penalty is one year in jail. Rhode Island General Law§ 11-32-1 states:

Obstructing officer in execution of duty. – Every person who shall obstruct any officer, civil, military, or otherwise, including any state, city, or town police, deputy sheriff, or fire fighter, while in the execution of his or her office or duty, shall be imprisoned not exceeding one year or be fined not exceeding five hundred dollars ($500).

Rhode Island Supreme Court’s Views on Obstructing an Officer

While the law itself is vague, theRhode Island Supreme Court has interpreted the obstruction of an officer statute on many occasions. The elements the State must prove in an obstruction case are:

The Defendant acted knowingly;

The Defendant “resisted” or “obstructed” a police officer;

The Defendant knew s/he was obstructing a police officer; and

The police officer was performing an authorized act within his official capacity.

Often, obstruction occurs when an individual impedes an officers investigation. This doesn’t even have to be physical and can occur with simply spoken words (ie: providing a wrong name to a police officer).

Rhode Island Criminal Defense Attorneys

If you’ve been charged with Obstructing an Officer in Rhode Island, call our experiencedcriminal defense attorneystoday. We can provide you with a FREE case evaluation appointment. We are prepared to fight for your rights!

The Rhode Island criminal defense attorneys at Robert E. Craven & Associates represent clients for all crimes throughout the state. Our experienced and successful attorneys are prepared to vigorously defend you or your family member today.

This is Part 4 of our criminal defense blog series (Part 1, Part 2, Part 3) about your rights during an arrest in Rhode Island.

Right to an attorney

If you are arrested in Rhode Island, you should immediately request an attorney. Even if you think you can “explain” the situation to officers, any statement you make has the potential to harm you. The only statement that can benefit you is “I want a lawyer,” at which time you should immediately call the criminal defense attorneys at Robert E. Craven & Associates.

If the police want to question you while you’re in custody they must inform you of your Miranda Rights. These rights are typically stated as follows:

“ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? ”

These rights stem from the U.S. Supreme Court case Miranda v. Arizona, which protects individuals in police custody from questioning without a informing them of their Fifth Amendment right against self-incrimination. Once you tell the police you want an attorney, they must stop questioning you.

Right to a confidential telephone call

Under Rhode Island law, you have the right to make a confidential telephone call to as soon as possible after your arrest. This right allows you to contact a Rhode Island criminal defense attorney and/or obtain bail. Your right to a confidential telephone call is typically required within one hour of your arrest. When you’re allowed your phone call, immediately call our criminal defense attorneys so that we can advocate on your behalf!

Right to bail

Once you are arrested and charged with a crime in Rhode Island, you will be brought before a judge or bail commissioner to be arraigned (informed of the charges against you). Your bail will then be set. In Rhode Island, bail is either personal recognizance (your promise to appear in court at a later date) or surety bail (posting bail yourself or hiring a bail bondsman).

However, for the most severe crimes, a defendant may not be entitled to bail until a bail hearing occurs. Our attorneys handle these matters on a regular basis, know the law, and can argue to get you or your loved one out on bail. Allow our experienced criminal defense attorneys to fight for you at your bail hearing to ensure your freedom today!

RHODE ISLAND CRIMINAL DEFENSE ATTORNEYS

If you’ve been charged with a crime in Rhode Island, call the experienced criminal defense attorneys at Robert E. Craven & Associates today. We can provide you with a free consultation and immediately begin working on your defense!

Congratulations to Rhode Island attorney Robert E. Craven for receiving a perfect 10.0 rating as “Top Attorney – Criminal Defense” by Avvo, Inc. Avvo is a legal directory that ranks attorneys in each state according to their experience, reputation, successes, and reviews. Attorney Craven was recognized for his work defending clients who have been charged with crimes throughout Rhode Island.

If you or a loved one has been charged with a crime in Rhode Island, call our criminal defense attorneys today. We defend Rhode Islanders charged with crimes in all state and federal courts on a daily basis.

The consequences of a criminal conviction can change your life forever, limiting your career choices, educational opportunities and personal liberties. If you’ve been charged with a crime, even a misdemeanor crime, it’s essential that you have a skilled and experienced criminal defense lawyer on your side. Our attorneys will zealously advocate on your behalf, fight for your rights, and limit the affects that the criminal charge has on your life.

If you’ve been charged with a DUI in Rhode Island, you should consult with an experienced DUI attorney immediately. Even if this is your first arrest, the assumption that you’ll get off easy is often quite incorrect. Prosecutors in Rhode Island take DUI charges extremely seriously and obtaining a dismissal of a DUI charge requires an experienced attorney on your side.

Without an experienced DUI attorney to guide you through the process, a DUI conviction can be life-changing. It will effect your employment, applying to schools, and ruin your reputation. We know the law and how to beat it. Allow our experienced and successful Rhode Island DUI lawyers to fight for your rights!

FIRST DUI OFFENSE IN RHODE ISLAND

If you’ve been charged with a first DUI in Rhode Island, you are facing up to one year in jail. Also, your license can be suspended for a period of up to 12 months. You may even be required to attend DUI School and/or substance abuse counseling.

Without an experienced DUI attorney on your side, local prosecutors will often seek the most severe penalties. Allow us to fight for you and limit the effects of a DUI.

SECOND DUI OFFENSE IN RHODE ISLAND

If this is your second DUI offense, then you’re facing mandatory jail time. This can include jail time of up to one year. Additionally, your license can be suspended for up to two years.

Don’t let a DUI ruin your life. Let us help you beat the case and limit the effects a DUI in Rhode Island has on your life.

Rhode Island DUI Attorneys

Whether you’re facing your first DUI offense, your second, or your 5th DUI offense, it is essential that you consult with the experienced DUI attorneys at Robert E. Craven & Associates today. We can provide you with a free, confidential consultation. Call us today!

Congratulations to Rhode Island attorney Robert E. Craven for receiving a perfect 10.0 rating as “Top Attorney – DUI” by Avvo, Inc. Avvo is a legal directory that ranks attorneys in each state according to their experience, reputation, successes, and reviews. Attorney Craven was recognized for his work representing DUI and Refusal clients throughout Rhode Island.

If you or a loved one has been charged with Driving Under the Influence or Refusal to Submit to a Chemical Test in Rhode Island, call our DUI attorneys today. We defend Rhode Islanders facing any and all drunk driving offenses on a daily basis throughout the State of RI. We know the ins-and-outs of DUI law in Rhode Island and can help you beat the case! Our attorneys will zealously advocate on your behalf, fight to retain your driving privilege, and limit the affects that the DUI or Refusal charge has on your work and personal life. Let our experience create results for you!

The attorneys at Robert E. Craven & Associates practice criminal defense, personal injury, and general litigation throughout Rhode Island. For a FREE consultation, call our attorneys today at 401-453-2700.

If you’ve been charged with Refusal to Submit to a Chemical Test in Rhode Island, you need an experienced, aggressive, and successful attorney on your side. The attorneys at Robert E. Craven & Associates successfully handle DUI and Refusal cases on a daily basis throughout the state.

Refusal to Submit to a Chemical Test

When you refuse a chemical test you are committing a civil offense in Rhode Island. Our state is known as an “implied consent state” meaning if you operate a motor vehicle within RhodeIsland, the law deems you to have given consent to a chemical test of your breath, blood, and/or urine for determining the presence of alcohol or drugs. A police officer may request that you submit to a chemical test based solely on a “reasonable suspicion” that you are under the influence of liquor or a controlled substance.

If you refuse to submit to a chemical test in RI, a judge may order your license immediately suspended and impose various penalties.

Penalties for Refusal to Submit to a Chemical Test

Rhode Island law provides various penalties for a First Refusal, including:

Fine: $200 – $500

Community Service: 10 – 60 hours

License Suspension 6 – 12 months

DUI School or Substance Abuse Counseling

Installation of an Ignition Interlock System

For a Second Refusal in Rhode Island, the penalties can include:

Jail: Up to 6 months

Fine: $600 – $1,000

Community Service: 60 – 100 hours

License Suspension 12 – 24 months

DUI School or Substance Abuse Counseling

Installation of an Ignition Interlock System

Don’t let these penalties become a reality. Our attorneys eliminate and lessen these penalties for clients on a regular basis.

Why you need a DUI/Refusal Lawyer

Our attorneys handle DUI and Refusal cases daily in all Rhode Island courts. We know all the defenses associated with RI DUI and Refusal law and are ready to advocate on your behalf. Some attorneys may not know that there are alternatives to licenses suspensions that allow you to drive despite a DUI or Refusal. Let our experience create results for you.

If you’ve been charged with Driving Under the Influence or Refusal to Submit to a Chemical Test in Rhode Island, contact our attorneys today for a free consultation. We can guide you through the process, present defenses on your behalf, and restore your ability to drive!

Driving Under the Influence (DUI) in Rhode Island

Obtaining the services of an experienced DUI attorney in Rhode Island is crucial immediately after your DUI arrest. With increased pressure on prosecutors and the courts, DUI charges are now treated more seriously than ever. Unlike most other criminal offenses, those charged with a DUI often feel as though they’re presumed guilty until proven innocent. You need a seasoned DUI attorney to guide you through and out of the process of beating your DUI charge.

A RI DUI stop and arrest has numerous elements which are regularly appealed throughout the RI judicial system. Our courts are constantly interpreting the DUI statutes and the law evolves accordingly. A strong defense depends on your attorney understanding all the intricacies of RI’s DUI law. Put yourself in a position to succeed in your DUI case and meet with our experienced Rhode Island DUI defense attorneys, a legal team who has mastered this area of the law and litigates DUI cases daily.

Refusal to Submit to a Chemical Test (DUI) in Rhode Island

Unlike a DUI, a Refusal to Submit to a Chemical Test is actually a civil violation. Refusals do not result in criminal consequences; however, the penalty for a refusal can be greater than that for a DUI. However, experienced Refusal attorneys know how to limit or eliminate the penalties associated with DUIs and Refusals. With the creation of “hardship licenses” in Rhode Island, our attorneys can ensure that you do not lose the ability to drive!

Most DUI attorneys in Rhode Island will convince their client to “cut a deal,” and admit guilt to the DUI, Refusal, or both. The attorneys at Robert E. Craven & Associates regularly litigate DUI and Refusal cases and are prepared to zealously defend your rights. We are extremely successful at eliminating a DUI or Refusal charge from our clients’ records and maintaining their privilege to drive! Call us today for a free consultation.

Getting a DUI in Rhode Island may no longer mean losing the ability to drive. A recently passed law allows certain individuals convicted of Driving Under the Influence or Refusal to Submit to a Chemical Test the privilege to drive to and from work. This requires a hearing where a judge or magistrate may allow you to drive for a twelve (12) hour period for work purposes.

One of the main concerns of individuals charged with driving under the influence of alcohol and/or refusal to submit to a chemical test is that they may lose their ability to drive to work. Our Rhode Island attorneys can assist you in regaining your privilege to drive.

The Conditional Hardship License

Rhode Island now allows certain individuals the opportunity to obtain a conditional hardship license during their license suspension. This applies to individuals convicted for Driving Under the Influence and/or Refusal to Submit to a Chemical Test. A conditional hardship license is relief granted in a judge’s discretion, after a hearing to prove eligibility, allowing an individual the privilege to drive to and from work for a twelve (12) hour period each day. The purpose of a conditional hardship license is to permit individuals whose licenses have been suspended for drunk driving to be able to drive to and from their employment.

Eligibility for a Conditional Hardship License

Pursuant to Rhode Island Law, conditional hardship licenses are only available to individuals charged with a first or second DUI or a first refusal offense. Additionally, the individual must be employed, must install an ignition interlock device, and present proof of those elements at a hearing to receive a conditional hardship license.

Hearing for a Conditional Hardship License

If you are eligible for a conditional hardship license, the judge or magistrate may require a hearing before granting the relief. Typically, you will be required to inform the court of your employment status, hours of employment, and hardship that will be suffered absent a conditional hardship license.

Most importantly, the decision whether or not to grant a conditional hardship license lies solely within the discretion of the sentencing judge. Absent our experienced attorneys preparing you and guiding you through the hearing, your request for a hardship license may be denied. Allow our attorneys’ experience to work for you in seeking a hardship license in RI.

Once You’re Granted the Conditional Hardship License

After the judge grants your request for a conditional hardship license, you must bring to the Rhode Island Department of Motor Vehicles (1) the court order granting the hardship license, (2) proof of an SR-22 insurance policy, (3) and proof of ignition interlock device installation. At that point, the DMV will issue you a new license with an endorsement allowing you to drive to and from work.

After your period of hardship has ended, you can return to the DMV to have your normal license reinstated. It is wise to leave a copy of the court order in your car identifying the specific hours each day that you are permitted to drive.

The attorneys at Robert E. Craven & Associates handle DUIs, Refusals, and conditional hardship license matters on a daily basis and can represent you in the process. Call us today at 453-2700 for a free consultation!

If you’ve been charged with Trespassing in Rhode Island, call our North Kingstown attorneys immediately. The earlier our lawyers can work on your defense, the greater the likelihood that we can beat your trespassing charges.

Rhode Island’s trespassing law states “Every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner’s duly authorized agent or a person legally entitled to the possession of the premises, shall be punished by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both.”

As you can see, trespassing in RI is a criminal offense and can carry serious penalties upon conviction. Also, a trespassing conviction can remain on your criminal record for up to five years! Another, more recent trend is the media tends to cover trespassing cases. Our attorneys will put you in the best position to win your case, keep the charges off your record, and hide the incident from the public’s eye.

There are legitimate defenses to a trespassing charge under Rhode Island laws. The criminal defense attorneys at Robert E. Craven & Associates regularly defend trespassing cases and are ready to advocate for you! Our attorneys can successfully defend your case and will expunge the charge from your record for you! Call us today for a free case evaluation.

If you’ve been charged with Resisting Arrest in Rhode Island, please contact our experienced criminal defense attorneys immediately. It is crucial that we begin working on your defense soon after your arrest.

Rhode Island’s Resisting Arrest Law states that it is “unlawful for any person to use force or any weapon in resisting a legal or an illegal arrest by a peace officer, if the person has reasonable ground to believe that he or she is being arrested and that the arrest is being made by a peace officer.” You should be aware that there is no distinction made under Rhode Island law between resisting legal or illegal arrests. Despite challenges to this law, the Rhode Island Supreme Court has said that even if you believe your arrest was illegal, you can still be charged with resisting arrest. State v. Ramsdell, 285 A.2d 399 (1971).

If you’re convicted of Resisting Arrest in RI, you can face up to one (1) year in prison and up to a $500 fine. Also, a conviction for resisting arrest can appear on your criminal record for up to five years! Allow our criminal defense attorneys to defend your case and fully expunge the charge from your record.

There are defenses available to a defendant charged with resisting arrest in Rhode Island. Our attorneys successfully defend resisting arrest cases in all Rhode Island courts and are ready to advocate on your behalf. We can defend your case and will expunge the charge from your record for you! Call our North Kingstown attorneys today for a free case evaluation!

We represent clients throughout all of Rhode Island including North Kingstown, East Greenwich, Narragansett, Warwick, South Kingstown, West Warwick, Coventry, Cranston, Charlestown, Providence, Johnston, Portsmouth, Jamestown, Newport, Middletown, Exeter, West Greenwich and RI.